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THE
MUSIC
TRADE
REIVIEIW
has discovered a method of reproducing that sound,
thus taking possession of the very soul and essence of
a musical composer's work without the medium
Has Been Qualifiedly Endorsed by the Com- actual printing, the musical composer is entitled
protection against this new and more complete for
mittee on Copyright and Trade-Marks of
of appropriation quite as much as he is entitled to pr
the Bar Association of New York—Details in
tectlon from a stage performance of his opera or ;
Full Will Interest Readers.
orchestral performance of his symphony. The inve
tors and manufacturers of Ibis new sound-producing
Subdivision G, of section 1 of the copyright machine may, as indicated by several critics, purchase
the right to use. musical compositions by payment of a
bill (Senate Pile 6,:j30 and H. R. 19,853), now in royalty,
precisely as musical publishers do.
THAT FAMOUS SUBDIVISION G
committee, has been qualifiedly endorsed by
the Committee on Copyright and Trade Marks
of the Bar Association of New York City. This
appears in the official printed proceedings be-
fore the joint patent committees of the Senate
and House, December 7 to 11, just received, and
is as follows:
This endorsement is particularly apropos in
view of a telegram sent the Congressional com-
mittees during the hearings, the concluding sen-
tence of which reads: "The public demand a con-
stant supply of new, up-to-date selections."
49
agreeably surprised and greatly delighted by re-
ceiving an elegant gold watch—one of the new
open face, thin model variety—handsomely en-
cased, accompanied by the firm's card, on which
had been hastily written: "To my general boss,
with a Merry Christmas, from J. H. Remick."
It was a "knockout" for Mose, and he was
warmly congratulated.
Ragtime has invaded church music, according
to a clergyman of Brooklyn, N. Y., who expressed
himself emphatically on the subject as follows:
"Much of the so-called, sacred music in Sunday-
schools is simply twaddle. Almost anything that
rhymes, without regard to the meaning or spirit-
uality of the theme, is accepted, while ni'ich of
the music is little better than ragtime, and this
in place of the easy chorals, anthems or chants,
all of which, if carefully selected, will add to the
sacredness of the Sunday-school service and its
uplifting power."
THE "MAN ON THE STREET.'
The subdivision (G) covers the nuimii'amm 1 , sale, or
hiring out of musical contrivances for reproduction of
music. The committee is clearly of opinion that this
J. W. Stern & Co. Remove to Their New Home
should not be covered. There is no infringement of
—Singing in Esperanto—Max
Hoffmann's
any person's copyright by the making or selling of a
Success—Naming of a Musical Comedy—
machine that may reproduce sounds of copyrighted
music. The only thing to which the owner of copy-
Present
for Mose
Gumble—Ragtime
in
righted music can object is that his copyrighted music
Brooklyn Church—Cure for Stage Fright.
Many young artists and students who suffer
shall he made use of in such machines without compen-
from stage fright will be glad to know that a
sation.
That such compensation Is proper is admitted by the
Last week Joseph W. Stern & Co. removed euro has been found. The Paris correspondent
most strenuous advocates of the talking-machine inter- from 34 East 21st street to their new "Mark-
of the Lancet writes: "At a recent meeting of
ests ; notably. Mr. Itnrhn, whose draft of a proposed
the Hypnological and Psychological Society, M.
Stern"
building,
102-104
West
38th
street,
New
bill proposes a rate of royalty flxed by law. and Mr.
Paul Farez described three cases of stage fright
IAIW, who suggests that the use of copyrighted music York. The publishing department will occupy
by mechanical appliances shall be permitted upon pay-
the second, third and fourth floors, besides the (trac) successfully treated by suggestion. Two
ment of a royalty.
Of course, the payment of a basement. The "House of Hits" has been pro- of the patients took part in the last competition
royalty for the use of copyrighted property is a matter
gressively successful since starting in business at the Conservatoire. In all the numerous cases
which concerns the liberty of individual contract, and
modestly fourteen years ago on 14th street. As of stage fright in which he has obtained a good
should be left where it belongs. The suggestions men-
tioned are a dangerous innovation which. If allowable,
expansion rendered it necessary they success- result the symptom of fear has been associated
would be applicable to all classes of property protected
ively removed to 20th street, then to their late with some bodily failing, such as respiratory
by the copyright or patent laws, and would, as a n:i(-
premises,
and are now splendidly housed in their spasms, cardiac hypertrophy, cardiac irritabil-
ural sequence, soon involve the liberty to any publisher
to i-epubllsh a work upon payment of some royalty, the
own building, which is fitted up to afford every ity, bradycardia, arterial hypertension, or periph-
rate of which should be flxed by the lawmakers, and the
facility in the line of modern equipment. They eral vaso-constriction. These conditions had an
liberty to any manufacturer lo use any patent upon
are now in the neighborhood of a half dozen important bearing on stage fright: they main-
similar terms:
tained, aggravated, and-prolonged it; and they
prominent publishers of popular music.
This subdivision should not make it an infringement
were, moreover, an obstacle to the full and
•of a copyright to make oi? sell the machine capable of
reproducing music, but only 1 lie unauthorized use of
A writer, commenting upon the singing of prompt success of treatment by suggestion. Sug-
copyrighted music on such machines, and should there-
popular songs, says: "I heard the other day of gestion was unquestionably the proper treatment
fore read : "To reproduce to the ear. the whole or any
a Russian vaudeville singer who sings her songs for stage fright, but recovery was hastened by
part of such copyrighted musical work by means of any
the use of suitable remedies for the relief of the
device, contrivance, or appliance adapted to that pur-
in Esperanto. I think it would be a good idea above-mentioned physical symptoms either be-
pose.." With reference to the protection of musical
for some of our vaudeville singers to do the same fore or during the psychological treatment. This
compositions against their reproduction by mechanical
thing, for, after all, who cares for the words of converging psycho-somatic action is capable of
contrivances, it has been suggested that Congress, un-
der the constitutional permission, can only prolect a comic song? It is usually the music that car-
bringing about rapid, easy, and permanent re-
"writings."
In the very first copyright act of ]7i>0 ries it, and I would as leave hear comic words in
covery."
"maps and charts" were added to the words, "book or
Esperanto, a language I do not understand and
books." As early as 180U "prints" were protected by
act of Congress, and as early as IHlil '-musical coin- never expect to understand, as in English, un-
positions" were so protected. And the protection ex-
less they happened to be very amusing."
HOW COMPOSERS ASSIMILATE.
tended to these various works has been upheld by the
courts from that time to this.
Max Hoffman, who wrote the music of "The Unconsciously the Melodies of "Ye Olden
We have, therefore, a contemporaneous and continu-
Dayes"—Some
Illustrations
in
Which
Parisian Model," has reason to be proud of its
ous Interpretation by Congress and by the courts that
the word "writings" is not to be limited to printed
DeKoven, J. Howard
Payne and Victor
reception in the different cities where it has been
matter, but can cover designs, prints, works of art and
Herbert Figure—Evidently the Old Story
given, previous to its opening in New York. The
musical compositions. It seems obvious to this com-
Goes, There Is Nothing New Under the Sun.
success of this new production does not depend
mit lee that if the musical composition is entitled lo
protection it is not only against the reprinting of a so much upon the strength of its plot as upon
musical score, but against any publication or reproduc-
the quality and swing and go of its music. As
Amusing, and not infrequently improbable,
tion of the composer's work. The musical composer's
its
name
implies,
it
is
of
a
light,
snappy
style,
stories
are heard anont the unconscious repro-
work is meant to be uttered in sound, and if science
well suited to Broadway tastes and palates.
WILLIS WOODWARD & CO.
"HELLO, PEACHES"
The name of a musical comedy is usually set-
tled upon after the book, lyrics and music have
been written. When this work is completed
then the librettist, composer and manager get
together and pick out a title of a number sub-
mitted by each. Sometimes this process of elimi-
nation is no easy task, and occasionally the name
of a comic opera has been changed several times
before its premiere. At least, so remarked the
experienced publisher.
By John B. Lowitz and Henry Arthur Blumenthal.
For a limited time the above can be had at 80% from
list price.
Friday last Mose Gumble, manager of Jerome
H. Remick & Co.'s professional department, was
48 West 28th St., New York,
PUBLISHER* OF
May I rwin's Great Hit of this Season,
"LADY"
By Margaret Crosse.
The Ballad Success,
" WE'LL BE SWEETHEARTS TO THE END "
By Sam M. Lewis and Dave Rose.
And the New Waltz Song Success,
ANOTHER NEW YORK SUCCESS
"The Parisian
Model'
RY HARRY B. SMITH AND MAX HOFFMAN WITH
Aicxxxek H e l d .
SECURE THE MUSICAL HITS
" "You're All the World to Me"
"Kiss—Kiss -Kiss"
"A Parisian Model"
"On San Francisco Bay"
"Bell Song"
"I'm the Man They Talk So Much About"
For Sale at Music Dealers or the Publishers
1VI. WITMARK: & SONS
NEW
YORK
CHICAGO
LONDON
duction of melodies. Reginald De Koven was
recently accused of plagiarizing "O, Promise Me"
from an air written fifty years and still on the
shelves of old-time music houses. John Howard
Payne never divined he had borrowed the mel-
ody of "Home, Sweet Home" from a Sicilian
song, and in telling of its origin, he is on record
as saying:
"I first heard the air in Italy. One beautiful
morning as I was strolling alone 'mid some de-
lightful scenery my attention was arrested by
the sweet voice of a peasant girl who was carry-
ing a basket, laden with flowers and vegetables.
This plaintiff air she trilled out with so much
sweetness and simplicity that the melody at
once caught my fancy. I accosted her, and after
a few moments' conversation I asked for the
name of the song, which she could not give me.
But having a slight knowledge of music myself,
barely enough for the purpose, I requested her
to repeat the air, which she did, while I dotted
down the notes as best I could. It was this air
that suggested the words of 'Home, Sweet Home,'
both of which I sent to Bishop at the time I
was preparing the opera of 'Clair' for Mr. Kem-
ble (Charles, the celebraied English actor).
Bishop happened to know the air perfectly well,
and adapted the music to the words."
The very latest example, or incident, of the
"unconscious" reproduction idea concerns the